Challenging the Auer Deference: Defending the Separations of Powers by Reigning in the Administrative State

In a 1997 ruling, the U.S. Supreme Court created what’s known as Auer deference, greatly expanding the powers of federal agencies to interpret the very regulations they create, and receive the benefit of deference from federal courts when doing so. Auer up ends the separation of powers, a vital component of liberty, by allowing executive agencies to act as the legislative and judicial review of their own agency powers. Cause of Action Institute has joined with numerous other organizations to challenge Auer, by submitting an amicus brief to the U.S. Supreme Court in Kisor v. Wilkie.

Such a blending of powers allowed by Auer, undermines the separation of powers as laid out by the Founders and within the Constitution, and should be overturned.

Additional Reading:


Media ContactMatt Frendewey, | 202-699-2018